W.P.(C)/13666/2024 of MUKESH SHARMA Vs UNION OF INDIA & ORS.

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 13666/2024 MUKESH SHARMA .....Petitioner

.....Petitioner

Through: Mr.Anuj Kumar Pandey, Mr.Sanjeev Shanker, Advs.

versus

UNION OF INDIA & ORS. Through:

.....Respondents

Counsel (appearance not given)

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLAHON'BLE MS. JUSTICE SHALINDER KAURO R R27.09.2024

CM APPL. 57286/2024 (exemption)

1.Allowed, subject to all just exceptions.

W.P.(C) 13666/2024

2.This petition has been filed by the petitioner praying for the following relief: following relief:

“i) To pass an Order to issue Writ in the nature of Mandamus to Set Aside the Office Order dated 24/08/2024 passed by Respondent. and to consider the appointment of the Petitioner for the Post of Head Constable (Radiographer) Veterinary or in the alternative to consider the appointment of the Petitioner for the Post of Sub-Inspector (Radiographer) or to the Post of Head Constable (X-ray) Technician were still seats are still left unfulfilled.”

3.It is the case of the petitioner that though the petitioner was not eligible for applying to the post of Head Constable (Veterinary), his application was duly considered by the respondents, and he underwent the entire recruitment process, wherein he was

successful. It is only when the petitioner reached the respondent’s office to join the post, the respondent raised the issue of the petitioner not being eligible for the same.

4.The learned counsel for the petitioner submits that there are posts available for Head Constable (Radiographer) and Head Constable available for Head Constable (Radiographer) and Head Constable

(X-ray), which were also advertised by the same advertisement. He prays that the petitioner may be adjusted against those vacancies.

5.Having considered the submissions made by the learned counsels for the parties, we direct the respondents to consider this petition as representation of the petitioner and to pass speaking order thereon within eight weeks from today. for the parties, we direct the respondents to consider this petition as representation of the petitioner and to pass speaking order thereon within eight weeks from today.

We make it clear that we have not expressed any opinion on the merit of the request made by the petitioner and it shall be open to the respondents to decide the same in accordance with law. In case the petitioner is aggrieved of the order passed by the respondents, it shall be open to the petitioner to challenge the same in accordance with law.merit of the request made by the petitioner and it shall be open to the respondents to decide the same in accordance with law. In case the petitioner is aggrieved of the order passed by the respondents, it shall be open to the petitioner to challenge the same in accordance with law.

7.The writ petition is disposed of in above terms.

NAVIN CHAWLA, J

SHALINDER KAUR, J

SEPTEMBER 27, 2024 RN/DG

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